1. The private warehouse shall be surrounded
with a fence at all sides, and shall have special entrances and gates which are
supervised by the customs.
2. The private warehouse shall have adequate
areas and facilities to allow for customs procedures to be completed.
3. The private warehouse shall meet the
necessary security requirements.
4. The private warehouse shall be fitted with
all services, equipment and general safety requirements.
5. The private warehouse shall be specially
equipped to accommodate goods of special nature (i.e. to be fitted with cooling
systems if the goods need to be refrigerated, etc.).
6. The customs office to supervise the
warehouse shall be designated.
7. At the request of the of the owner of the
private warehouse and subject to the approval of the customs, the warehouse may
be expanded or altered by increasing or removing some of the installations
therein, provided the respective above controls shall be observed.
8. Prior to commencement of work, the owner of
the private warehouse shall submit a cash security or bank guarantee covering
the customs taxes ‘duties’ and any other allowances , services or fines, if
any, applicable to the goods deposited in the private warehouse. The customs
office will determine the amount of such cash security or bank guarantee based
on the value of the goods in the warehouse.
9. Goods that may not be deposited with the
private warehouses:
a. Prohibited goods notified in relevant lists.
b. Explosives, arms, ammunition and similar
materials, unless the warehouse is licensed to keep them by the competent
authorities.
c. Radioactive substances.
d. Internationally or locally prohibited goods
or those subject to international agreements and conventions and local laws in
force, as well as imitated and counterfeited goods or those not conforming to
applicable standards or IPRs, may not be deposited with the warehouses.
e. All kinds of narcotics.
f. Goods originated in countries economically
boycotted.
g. Goods in bulk state, unless the warehouse is
designed for kind of goods.
h. Damaged, corrupt or expired goods.
i. Any other goods as determined by the customs
administration.
10. Subject to the provisions of paragraph (h)
above, goods deposited with the private warehouses shall be allowed to remain
therein for a period of 365 days, to be renewable for similar periods not to
exceed three years. The payable customs duties shall be paid upon expiry of
that period.
11. The competent customs authority shall have
the right to examine the goods according to the provisions of the GCC Common
customs Law.
12. The goods that leave the warehouse
designating any of the GCC Sates shall be cleared at the competent customs
authority, subject to applicable customs duties and to all customs procedures
and instructions in force in that State in implementation of the principle of
the single point of entry.
13. Should a discrepancy be found between the
goods deposited in the warehouse and those described in the customs declaration
and the attached documents, a report is to be signed by the owner of the
warehouse or his representative or the authorized customs broker and the
competent customs officer. Such report shall be forwarded to the director of
the competent customs office to take necessary actions accordingly.
14. The competent customs officers shall have
the right to access the warehouse for performing their duties and may request
the owner of the warehouse to relocate the goods within the warehouse or
rearrange them if necessary.
15. Customs clearance shall be permitted for the
goods stored in the private warehouse under proper customs declarations and for
all customs procedures according to the provisions of the GCC Common Customs
Law.
16. Imported goods may be split in partial
shipments provided such splitting does not cause loss of customs revenues.
17. The owner of private warehouse or his legal
representative, subject to the approval of the Director of the Customs office,
shall have the right to arrange, sort or pack the goods or carry out any other
necessary action to keep them and render them ready for sale, provided such
measures do not cause loss of customs revenues.
18. Goods that may be kept in the warehouse are
only those belonging to the owner of the warehouse.
19. In the event the goods are not taken out
from the warehouses within the specified time, they shall be subject to the
provisions of the GCC Common Customs Law and the relevant instructions issued
in this respect.
20. Goods that are abandoned by the owner in
writing, subject to the approval of the customs office, may be sold in auction
according to the provisions of the GCC Common Customs Law and the relevant
instructions issued in this respect.
21. The owner of the warehouse shall submit a
list of the goods whose deposit period has expired.
22. The owner of the private warehouse or his
legal representative may access the warehouses to examine his goods in presence
of the competent customs officer.
23. The owner of the private warehouse shall
have the right to take samples of the goods when necessary, subject to the
approval and supervision of the customs office, provided they are cleared under
applicable customs procedures.
24. Should a damage is caused to the goods,
after the goods have entered the warehouse, due to negligence or default by the
owner of private warehouse or his legal representative, the customs duties
shall be levied on the goods from the date of they have entered the warehouse,
provided the goods shall be disposed with according to the provisions of the
GCC Common Customs Law.
25. Subject to the provisions of customs
smuggling, if the goods in the warehouse are lost for whatsoever reason, the
owner of the private warehouse shall pay the customs duties in full, as well as
the other costs, expenses, service fees and fines according to the provisions
of the GCC Common Customs Law.
26. The Director General or the director of the
licensing department, may suspend, cancel or re-license the warehouse that was
previously licensed, according to the provisions of the GCC Common Customs Law.
27. Should the goods be damaged, the owner of
the goods, his representative or the authorized customs broker may ask the
customs office to finalize the respective customs procedures based on the value
of goods in the state at the time of registering the customs declaration
according to Article (18) of the Common Customs Law. A committee composed of
representatives of the customs office, a customs valuation specialist, the
investor or the owner of the goods is to be formed in order to record the fact
and identify the damage percentage, then to determine the value of the goods
according to Article (61) of the Common Customs Law. However, if a customs
declaration was previously registered, relevant procedures shall be completed
as stated in the customs declaration. Such procedure applies to the goods
existing in the customs area, the warehouses or any other place under customs
supervision.
28. The owner of the private warehouse shall pay
the licensing fees and the annual licensing fees as determined by the customs
office.